Doctoral candidate Obakeng Van Dyk
Van Dyk is investigating how South Africa's powerful maritime authority potentially operates outside normal constitutional protections – research that was in the spotlight during the University's recent Research Week.
In his address Ruling the waves: how South Africa governs maritime safety, Van Dyk highlighted the dominant role played by the South African Maritime Safety Authority (SAMSA) and the implications for accountability, fairness and access to justice.
Van Dyk’s research looks at SAMSA’s statutory mandate, created under the SAMSA Act and various pieces of legislation, which includes certifying seafarers, accrediting training institutions, regulating vessels and overseeing marine pollution.
Its functions, he noted, “directly affect people's livelihoods and property, raising important questions about accountability, fairness, and judicial oversight”.
South Africa's Constitution guarantees the right to just administrative action, and the Promotion of Administrative Justice Act (PAJA) gives effect to this right. Yet, Van Dyk argued, SAMSA's extensive powers create internal remedies that may limit or delay people from having access to South Africa's broader court system.
“The Minister is your port of call, he is the big guy. But here, he has transferred this to SAMSA, which has a lot of powers, and can exercise their powers in conjunction with other countries,” Van Dyk explained.
One of his central questions was: do SAMSA’s internal tribunals constitute a distinct administrative law regime? And, crucially, do they limit the constitutional right of access to courts?
“These are the questions that we are grappling with,” he said.
From left, Professor Joanna Botha, Dr Tanya Wagenaar, and Obakeng Van Dyk
Responding to the presentation, Dr Tanya Wagenaar, head of the Department of Public Law, congratulated Van Dyk “for having the guts to take on a topic like this”.
“It is hopelessly under-researched and yet so crucial,” she said. “It also may offend the principle of legal certainty, this back-and-forth between the minister and the tribunals …
The new Merchant Shipping Bill may address some of these issues, but it remains to be seen whether it will be enough to elevate the tribunals to the levels required by the Constitution.”
Session chair Professor Joanna Botha agreed: “It is a very different and exciting study.”
For Van Dyk, the project reflects his commitment to this area of law.
“Public law was very relatable to me … I wanted to change the world,” he told the audience. At Nelson Mandela University, he has been able to pair his interest in administrative law with the specialist demands of maritime law, a combination he described as both challenging and urgent.
Van Dyk is part of the Department of Public Law, which is spearheading research in this field. He is also on the New Generation of Academics Programme (nGAP), which supports young high-potential academics to complete their PhDs through structured mentoring and development.
Nelson Mandela University Research Week attracted lively audience engagement
Research Week was held at the Ocean Sciences Campus in Gqeberha, the hub from which Nelson Mandela University offers a wide range of marine and maritime education and training, research, innovation and engagement programmes to support Africa’s blue economy.
Ocean sciences qualifications are available across several faculties, including postgraduate degrees in public law research and ocean governance in the Faculty of Law.
Nelson Mandela University's growing reputation as a leader in Ocean Sciences was demonstrated through this research that tackles crucial but under-explored legal questions affecting South Africa's maritime sector.
The discussion drew lively engagement from audience members, including representatives of the South African International Maritime Institute (SAIMI), which is based on the University's Ocean Sciences Campus.
What is SAMSA?
The South African Maritime Safety Authority (SAMSA) was established under the SAMSA Act of 1998 to oversee maritime safety, prevent marine pollution and advance the country’s shipping interests. Its responsibilities include:
-
Certifying seafarers and accrediting training institutions.
-
Regulating vessel construction and modifications.
-
Managing the South African ship registry.
-
Authorising doctors who assess seafarers’ fitness to work at sea.
SAMSA is also empowered to act beyond South Africa’s borders, making it a key player in the global shipping community. Because of its wide-ranging authority, legal scholars are questioning how its decisions are kept accountable and whether its internal tribunals give people fair access to justice.